The following rules for determining loss of visual efficiency
shall be applicable to all cases settled after December 1, 1941, irrespective
of the date of injury, except that, in the examples for computations of
compensation payable and of the percentage of permanent total disability, the
computation of the percentage of visual impairment must be applied to the
provisions of the worker's compensation act as they existed at the date of the
injury.
(1) MAXIMUM AND MINIMUM LIMITS
OF THE PRIMARY COORDINATE FACTORS OF VISION. In order to determine the various
degrees of visual efficiency, a) normal or maximum, and b) minimum, limits for
each coordinate function must be established; i.e., the 100% point and the 0%
point.
(a)
Maximum limits.
The maximum efficiency for each of these is established by existing and
accepted standards.
1. Central visual acuity.
The ability to recognize letters or characters which subtend an angle of 5
minutes, each unit part of which subtends a 1 minute angle at the distance
viewed is accepted as standard. Therefore a 20/20 Snellen or A.M.A. and a 14/14
A.M.A. are employed as the maximum acuity of central vision, or 100% acuity for
distance vision and near vision respectively.
2. Field vision. A visual field having an
area which extends from the point of fixation outward 65, down and out 65, down
55, down and in 45, inward 45, in and up 45, upward 45, and up and out 55 is
accepted as 100% industrial visual field efficiency.
3. Binocular vision. Maximum binocular vision
is present if there is absence of diplopia in all parts of the field of
binocular fixation, and if the 2 eyes give useful binocular vision.
(b)
Minimum
limits. The minimum limit, or the 0% of the coordinate functions of
vision, is established at that degree of deficiency which reduces vision to a
state of industrial uselessness.
1. Central
visual acuity. The minimum limit of this function is established as the loss of
light perception, light perception being qualitative vision. The practical
minimum limit of quantitative visual acuity is established as the ability to
distinguish form. Experience, experiment and authoritative opinion show that
for distance vision 20/200 Snellen or A.M.A. Chart is 80% loss of visual
efficiency, 20/380 is 96% loss, and 20/800 is 99.9% loss, and that for near
vision 14/141 A.M.A. Reading Card is 80% loss of visual efficiency, 14/266 is
96% loss, and 14/560 is 99.9% loss. Table 1 shows the percentage loss of visual
efficiency corresponding to the Snellen and other notations for distant and for
near vision, for the measurable range of quantitative visual acuity.
2. Field vision. The minimum limit for this
function is established as a concentric central contraction of the visual field
to 5. This degree of contraction of the visual field of an eye reduces the
visual efficiency to zero.
3.
Binocular vision. The minimum limit is established by the presence of diplopia
in all parts of the motor field, or by lack of useful binocular vision. This
condition constitutes 50% motor field efficiency.
(c) Where distance vision is less than 20/200
and the A.M.A. Chart is used, readings will be at 10 feet. The percentage of
efficiency and loss may be obtained from this table by comparison with
corresponding readings on the basis of 20 feet, interpolating between readings
if necessary. In view of the lack of uniform standards among the various near
vision charts, readings for near vision, within the range of vision covered
thereby, are to be according to the American Medical Association Rating Reading
Card of 1932.
(2)
MEASUREMENT OF COORDINATE FACTORS OF VISION AND THE COMPUTATION OF THEIR
PARTIAL LOSS.
(a)
Central visual
acuity.
1. Central visual acuity
shall be measured both for distance and for near, each eye being measured
separately, both with and without correction. Where the purpose of the
computation is to determine loss of vision resulting from injury, if correction
is needed for a presbyopia due to age or for some other condition clearly not
due to the injury (see section on miscellaneous regulations), the central
visual acuity "without correction", as the term is used herein, shall be
measured with a correction applied for such presbyopia or other preexisting
condition but without correction for any condition which may have resulted from
the injury. The central visual acuity "with correction" shall be measured with
correction applied for all conditions present.
2. The percentage of central visual acuity
efficiency of the eye for distance vision shall be based on the best percentage
of central visual acuity between the percentage of central visual acuity with
and without correction. However, in no case shall such subtraction for glasses
be taken at more than 25%, or less than 5%, of total central visual acuity
efficiency. If a subtraction of 5%, however, reduces the percentage of central
visual acuity efficiency below that obtainable without correction, the
percentage obtainable without correction shall be adopted unless correction is
nevertheless necessary to prevent eye strain or for other reasons.
TABLE 1
Percentage of Central Visual Efficiency Corresponding
to Specified Readings for Distant and for Near Vision for Measurable Range of
Quantitative Visual Acuity
|
A.M.A. Test Chart or Snellen Reading for
Distance
|
A.M.A. Card Reading for Near
|
Percentage of Visual Efficiency
|
Percentage Loss of Vision
|
A.M.A. Test Chart or Snellen Reading for
Distance
|
A.M.A.
Card
Reading for Near
|
Percentage of Visual Efficiency
|
Percentage Loss of Vision
|
|
20/20
|
14/14
|
100.0
|
0.0
|
20/122.5
|
_____
|
40.0
|
60.0
|
|
20/15
|
14/17.5
|
95.7
|
4.3
|
20/137.3
|
_____
|
35.0
|
65.0
|
|
20/25.7
|
_____
|
95.0
|
5.0
|
20/140
|
14/98
|
34.2
|
65.8
|
|
20/30
|
14/21
|
91.5
|
8.5
|
20/155
|
_____
|
30.0
|
70.0
|
|
20/32.1
|
_____
|
90.0
|
10.0
|
20/160
|
14/112
|
28.6
|
71.4
|
|
20/35
|
14/24.5
|
87.5
|
12.5
|
20/175
|
_____
|
25.0
|
75.0
|
|
20/38.4
|
_____
|
85.0
|
15.0
|
20/180
|
14/126
|
23.9
|
76.1
|
|
20/40
|
14/28
|
83.6
|
16.4
|
20/200
|
14/141
|
20.0
|
80.0
|
|
20/44.9
|
14/31.5
|
80.0
|
20.0
|
20/220
|
14/154
|
16.7
|
83.3
|
|
20/50
|
14/35
|
76.5
|
23.5
|
20/240
|
14/168
|
14.0
|
86.0
|
|
20/52.1
|
_____
|
75.0
|
25.0
|
_____
|
14/178
|
12.3
|
87.7
|
|
20/60
|
14/42
|
69.9
|
30.1
|
20/260
|
14/182
|
11.7
|
88.3
|
|
20/60.2
|
_____
|
70.0
|
30.0
|
20/280
|
14/196
|
9.7
|
90.3
|
|
20/68.2
|
_____
|
65.0
|
35.0
|
20/300
|
14/210
|
8.2
|
91.8
|
|
20/70
|
14/49
|
64.0
|
36.0
|
20/320
|
14/224
|
6.8
|
93.2
|
|
20/77.5
|
_____
|
60.0
|
40.0
|
20/340
|
14/238
|
5.7
|
94.3
|
|
20/80
|
14/56
|
58.5
|
41.5
|
20/360
|
14/252
|
4.8
|
95.2
|
|
20/86.8
|
_____
|
55.0
|
45.0
|
20/380
|
14/266
|
4.0
|
96.0
|
|
20/90
|
14/63
|
53.4
|
46.6
|
20/400
|
14/280
|
3.3
|
96.7
|
|
20/97.5
|
_____
|
50.0
|
50.0
|
20/450
|
14/315
|
2.1
|
97.9
|
|
20/100
|
14/70
|
48.9
|
51.1
|
20/500
|
14/350
|
1.4
|
98.6
|
|
20/109.4
|
_____
|
45.0
|
55.0
|
20/600
|
14/420
|
0.6
|
99.4
|
|
20/120
|
14/84
|
40.9
|
59.1
|
20/700
|
14/490
|
0.3
|
99.7
|
|
_____
|
14/89
|
38.4
|
61.6
|
20/800
|
14/560
|
0.1
|
99.9
|
3.
The percentage of central visual acuity efficiency of the eye for near vision
shall be based on a similar computation from the near vision readings, with and
without correction.
4. The
percentage of central visual acuity efficiency of the eye in question shall be
the result of the weighted values assigned to these 2 percentages for distance
and for near. A onefold value is assigned to distance vision and a twofold
value to near vision. Thus, if the central visual efficiency for distance is
70% and that for near is 40%, the percentage of central visual efficiency for
the eye in question would be:
5.
The Snellen test letters or characters as published by the Committee on
Compensation for Eye Injuries of the American Medical Association and
designated "Industrial Vision Test Charts" subtend a 5 minute angle, and their
component parts a 1 minute angle. These test letters or the equivalent are to
be used at an examining distance of 20 feet for distant vision (except as
otherwise noted on the Chart where vision is very poor), and of 14 inches for
near vision, from the patient. The illumination is to be not less than three
foot candles, nor more than ten foot candles on the surface of the
chart.
6. Table 1 shows the
percentage of central visual acuity efficiency and the percentage loss of such
efficiency, both for distance and for near, for partial loss between 100% and
zero vision for either eye.
(b)
Field vision.
1. The extent of the field of vision shall be
determined by the use of the usual perimetric test methods, a white target
being employed which subtends a 1 degree angle under illumination of not less
than 3 foot candles, and the result plotted on the industrial visual field
chart. The readings should be taken, if possible, without restriction to the
field covered by the correction worn.
2. The amount of radial contraction in the 8
principal meridians shall be determined. The sum of the degrees of field vision
remaining on these meridians,divided by 420 (the sum of the 8 principal radii
of the industrial visual field) will give the visual field efficiency of one
eye in per cent, subject to the proviso stated in the section on "Minimum
Limits" that a concentric central contraction of the field to a diameter of 5
degrees reduces the visual efficiency to zero.
3. Where the impairment of field is irregular
and not fairly disclosed by the 8 radii, the impaired area should be sketched
upon the diagram on the report blank, and the computation be based on a greater
number of radii, or otherwise, as may be necessary to a fair
determination.
(c)
Binocular vision.
1.
Binocular vision shall be measured in all parts of the motor field, recognized
methods being used for testing. It shall be measured with any useful correction
applied.
2. Diplopia may involve
the field of binocular fixation entirely or partially. When diplopia is
present, this shall be plotted on the industrial motor field chart. This chart
is divided into 20 rectangles, 4 by 5 degrees in size. The partial loss due to
diplopia is that proportional area which shows diplopia as indicated on the
plotted chart compared with the entire motor field area.
3. When diplopia involves the entire motor
field, causing an irremediable diplopia, or when there is absence of useful
binocular vision due to lack of accommodation or other reason, the loss of
coordinate visual efficiency is equal to 50% loss of the vision existing in one
eye (ordinarily the injured, or the more seriously injured, eye); and when the
diplopia is partial, the loss in visual efficiency shall be proportional and
based on the efficiency factor value of one eye as stated in table 2. When
useful correction is applied to relieve diplopia, 5% of total motor field
efficiency of one eye shall be deducted from the percent of such efficiency
obtainable with the correction. A correction which does not improve motor field
efficiency by at least 5% of total will not ordinarily be considered
useful.
(3)
INDUSTRIAL VISUAL EFFICIENCY OF ONE EYE. The industrial visual efficiency of
one eye is determined by obtaining the product of the computed coordinate
efficiency values of central visual acuity, of field of vision, and of
binocular vision. Thus, if central visual acuity efficiency is 50%, visual
field efficiency is 80% and the binocular vision efficiency is 100%, the
resultant visual efficiency of the eye will be 50 x 80 x 100 = 40%. Should
useful binocular vision be absent in all of the motor field so that binocular
efficiency is reduced to 50%, the visual efficiency would be 50 x 80 x 50 =
20%.
(4) COMPUTATION OF
COMPENSATION FOR IMPAIRMENT OF VISION. When the percentage of industrial visual
efficiency of each eye has been thus determined, it is subtracted from 100%.
The difference represents the percentage impairment of each eye for industrial
use. These percentages are applied directly to the specific schedules of the
Worker's Compensation Act.
(5)
TYPES OF OCULAR INJURY NOT INCLUDED IN THE DISTURBANCE OF COORDINATE FACTORS.
Certain types of ocular disturbance are not included in the foregoing
computations and these may result in disabilities, the value of which cannot be
computed by any scale as yet scientifically possible of deduction. Such are
disturbances of accommodation not previously provided for in these rules, of
color vision, of adaptation to light and dark, metamorphopsia, entropion,
ectropion, lagophthalmos, epiphora, and muscle disturbances not included under
diplopia. For such disabilities additional compensation shall be awarded, but
in no case shall such additional award make the total compensation for loss in
industrial visual efficiency greater than that provided by law for total
permanent disability.
TABLE 2
Loss in Binocular Vision
|
No loss
|
equals
|
100.0%
|
Motor
|
Field
|
Efficiency
|
|
1/20
|
99.0
|
|
2/20
|
97.7
|
|
3/20
|
96.3
|
|
4/20
|
95.0
|
|
5/20
|
93.7
|
|
6/20
|
92.3
|
|
7/20
|
90.7
|
|
8/20
|
89.0
|
|
9/20
|
87.3
|
|
10/20
|
85.7
|
|
11/20
|
83.7
|
|
12/20
|
81.7
|
|
13/20
|
79.7
|
|
14/20
|
77.3
|
|
15/20
|
75.0
|
|
16/20
|
72.7
|
|
17/20
|
69.7
|
|
18/20
|
66.0
|
|
19/20
|
61.0
|
|
20/20
|
50.0
|
(6)
MISCELLANEOUS RULES.
(a) Compensation shall
not be computed until all adequate and reasonable operations and treatment
known to medical science have been attempted to correct the defect. Further,
before there shall be made the final examination on which compensation is to be
computed, at least 3 months shall have elapsed after the last trace of visible
inflammation has disappeared, except in cases of disturbance of extrinsic
ocular muscles, optic nerve atrophy, injury of the retina, sympathetic
ophthalmia, and traumatic cataract; in such cases, at least 12 months and
preferably not more than 16 months shall intervene before the examination shall
be made on which final compensation is to be computed. In case the injury is
one which may cause cataract, optic atrophy, disturbance of the retina, or
other conditions, which may further impair vision after the time of the final
examination, note thereof should be made by the examining physician on his
report.
(b) In cases of additional
loss in visual efficiency, when it is known that there was present a
preexisting subnormal vision, compensation shall be based on the loss incurred
as a result of eye injury or occupational condition specifically responsible
for the additional loss. In case there exists no record or no adequate and
positive evidence of preexisting subnormal vision, it shall be assumed that the
visual efficiency prior to any injury was 100%. In order to effect the above
purpose, the examining physician should carefully distinguish, in regard to
each of the coordinate factors, between impairments resulting from the injury
and impairments not so resulting as established by the type of proof here
stated. Such other impairments should, however, be also reported, separately.
Computation must occasionally also be made of impairment of vision not
resulting from the injury, as, for instance, for the purpose of computing
additional indemnity due under the provisions of the Worker's Compensation Act
on account of preexisting disability of one or both eyes.
Note: Example of computation covering partial disability to a
single eye
A.
Central Visual
Acuity:
Note: Example of computation covering partial disability to
both eyes
1.
Left Eye is 62.3%
efficient, see Example I.
Note: Example of compensation covering enucleation of one eye
and partial disability of the other eye
1.
Left eye is 35.28% impaired
(77.7% 83.3% = 64.72%; 100% - 64.72% = 35.28%, as allowance for binocular
vision is inapplicable when the other eye is enucleated or blind), in indemnity
payable for 88.2 weeks
2.
Right eye is enucleated, which, results in indemnity payable for 275
weeks
3.
Total
payable: 88.2 weeks 3 (multiple injury) = 264.6 + 275 = 539.6 weeks The
number of weeks indemnity indicated as payable for impairment of vision or for
enucleation is in addition to indemnity for temporary disability . All results
are subject to the limitation that the total amount of indemnity payable,
including that for temporary disability, shall not exceed the indemnity which
would be payable for permanent total disability . The statutory and legal rules
applicable to the determination of additional compensation payable out of the
special state fund on account of preexisting disabilities are not here
stated